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Re: DUI Lawyers

Originally Posted by Eric_the_Red

What kind of proof would you be looking for since you refused the breathalyzer?

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

Re: DUI Lawyers

Originally Posted by camisadelgolf

I seriously considered taking this to trial, but after talking with you all and some lawyers (particularly the ones who have experience with Judge Karen Thomas), it sounds like my best bet is plea bargaining. In that case, do you think it's worth it for me to hire a lawyer?

On charges like this, you always want to give the impression that you are taking the matter seriously. It makes a favorable impression on the judge and can, in certain situation, get you a better deal from a prosecutor.

Prosecutors are lawyers, they usually have dockets to move and don't enjoy dealing with pro se litigants -- who generally don't understand what's going on, ask lots of questions (which is good for them, but annoying for a prosecutor who is responsible to the judge to keep a court docket moving), and are easy marks in a trial should it come to that (I'm always confident I can win a pro se trial, no matter what the facts are). An attorney will help you deal with the prosecutor and, in most circumstances, obtain the most favorable deal for you. An attorney will also explain the potential outcomes and consequences of any guilty plea, including for future driving purposes.

Further, an attorney will help you deal with the judge. They'll speak on your behalf and advise you the best things to say to your particular judge to ensure you get the best possible outcome.

Hiring an attorney is a no-brianer here -- regardless of what you want to do.

Re: DUI Lawyers

Originally Posted by camisadelgolf

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

Since you didn't submit to the test, you have no idea if you were DUI or not. It doesn't take much to blow .08 or higher. If you were that confident, then you should have taken it. If it wasn't over the limit, you wouldn't have been arrested and charged with it.

Re: DUI Lawyers

Originally Posted by camisadelgolf

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

Here is evidence that'd kill you at a trial:

1. You were in a car that likely smelled like alcohol.
2. You likely admitted you'd been at a bar.
3. You likely admitted to the officers you had been drinking.
4. You couldn't recall how many drinks you had consumed.
5. You fell asleep at the wheel of your car while at a red light.
6. You had difficulty maintaining balance when exiting the vehicle.
7. You refused a chemical test which could have cleared your name and proved you were legal to drive.

Put yourself in the shoes of a juror. What's the most likely explanation for all of those facts?

Re: DUI Lawyers

Originally Posted by Caveat Emperor

Here is evidence that'd kill you at a trial:

1. You were in a car that likely smelled like alcohol.
2. You likely admitted you'd been at a bar.
3. You likely admitted to the officers you had been drinking.
4. You couldn't recall how many drinks you had consumed.
5. You fell asleep at the wheel of your car while at a red light.
6. You had difficulty maintaining balance when exiting the vehicle.
7. You refused a chemical test which could have cleared your name and proved you were legal to drive.

Put yourself in the shoes of a juror. What's the most likely explanation for all of those facts?

My defense:
1. The car smelled like alcohol because there was someone in my car who was literally doused in beer earlier in the evening.
2. Yes, I was at a bar. I'm at the same bar, every Monday, because I play a gig there.
3. I never told the police I was drinking.
4. I don't know exactly how many drinks it was, but I know it was two or three, likely three.
5. Yes, I did. I was exhausted from the night before, and when my blood sugar gets low, it's very normal for me to become even more tired. I have been in several comas, actually.
6. Yes, I have torn ligaments in my knee that require surgery.
7. I refused the test because a lawyer told me to. Had I known it would've ended up like this, I would have accepted.

Re: DUI Lawyers

Originally Posted by Reds4Life

Since you didn't submit to the test, you have no idea if you were DUI or not. It doesn't take much to blow .08 or higher. If you were that confident, then you should have taken it. If it wasn't over the limit, you wouldn't have been arrested and charged with it.

That's not true. He could have still been charged if the breathalyzer registered under .08 (at least in OH). Given the circumstances when they found him, it wouldn't have been surprising.

Re: DUI Lawyers

That's not true. He could have still been charged if the breathalyzer registered under .08 (at least in OH). Given the circumstances when they found him, it wouldn't have been surprising.

Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'

Originally Posted by Scrap Irony

Calipari is not, nor has he ever been accused or "caught", cheating. He himself turned in one of his players (Camby) for dealing with an agent to get one Final Four overturned. The other is all on the NCAA and Rose. (IF Rose cheated.)

"Cheering for Kentucky is like watching Star Wars and hoping Darth Vader chokes an ewok"

Re: DUI Lawyers

Originally Posted by WMR

Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'

What you say is true. I just wanted to point out that people do get charged and convicted of OVI even if they don't register at .08 or above. I'd rather not get into a discussion about the merits of taking the breathalyzer. Suffice it to say that there are viable arguments on both sides.

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